POLICY SUPPORT IN
POLICY SUPPORT IN
MEDIA AND
MEDIA AND
ENTERTAINMENT
ENTERTAINMENT
FOR MAKING IT
FOR MAKING IT
GLOBALLY
GLOBALLY
COMPETITIVE-
COMPETITIVE-
SOME PERSPECTIVES
SOME PERSPECTIVES
A PRESENTATION
BY
PAVAN DUGGAL,
CHAIRMAN, ASSOCHAM
CYBERLAW COMMITTEE,
ADVOCATE, SUPREME COURT OF
INDIA,
HEAD , PAVAN DUGGAL
ASSOCIATES
19-12-07
1

MEDIA &
ENTERTAINMENT
TODAY, MEDIA AND
ENTERTAINMENT ARE LARGELY
DIGITAL
USE OF THE ELECTRONIC
FORMAT, COMPUTERS,
COMPUTER SYSTEMS AND
COMPUTER NETWORKS
POLICY SUPPORT
INDIA HAS ALREADY PROVIDED
LEGAL BASIS FOR THE
ELECTRONIC FORMAT
THE INFORMATION
TECHNOLOGY ACT, 2000
2

THE IT ACT, 2000 –
OBJECTIVES (contd)
AIMS TO PROVIDE FOR THE LEGAL
FRAMEWORK SO THAT LEGAL
SANCTITY IS ACCORDED TO ALL
ELECTRONIC RECORDS AND OTHER
ACTIVITIES CARRIED OUT BY
ELECTRONIC MEANS.
ELECTRONIC
GOVERNANCE
Legal requirements of any information
or any other matter being in writing or in
the typewritten or printed form, shall be
deemed to have been satisfied if such
information or matter is—
3

ELECTRONIC GOVERNANCE
(contd.)
(a) rendered or made available in an
electronic form; and
(b) accessible so as to be usable for a
subsequent reference.
AUTHENTICATION OF
ELECTRONIC RECORDS
Any subscriber may authenticate an
electronic record
Authentication by affixing his digital
signature.
Any person by the use of a public key of
the subscriber can verify the electronic
record.
4

LIABILITY OF NSPs
LAW HAS PROVIDED THE
CONCEPT OF NETWORK SERVICE
PRODUCER
ALMOST ALL MEDIA AND
ENTERTAINMENT PLAYERS ARE
NETWORK SERVICE PROVIDERS,
IF THEY PROVIDE THEIR
SERVICES ON THE ELECTRONIC
NETWORKS
Section 79, IT ACT, 2000
For the removal of doubts, it is hereby
declared that no person providing any
service as a network service provider shall be
liable under this Act, rules or regulations
made thereunder for any third party
information or data made available by him if
he proves that the offence or contravention
was committed without his knowledge or
that he had exercised all due diligence to
prevent the commission of such offence or
contravention.
5

Network Service Providers:
When Not Liable
Explanation.—For the purposes of this
section, —
(a) \"network service provider\" means an
intermediary;
(b) \"third party information\" means any
information dealt with by a network service
provider in his capacity as an intermediary.
BROADCASTING BILL
AN ATTEMPT TO REGULATE
CERTAIN ASPECTS OF CARRIAGE
AND CONTENT OF
BROADCASTING
AIMS TO PROVIDE STRONG
CENTRALIZED REGULATION OF
CABLE & BROADCASTING
6

NEW LICENSING
NO BROADACSTING SERVICE
WOULD BE POSSIBLE WITHOUT
OBTAINING A LICENCE IN THIS
REGARD.
LICENCE TO BE OBTAINED
FROM A STATUTORY BODY
BRAI
SECTION 4- EVERY SERVICE
PROVIDER TO REGISTER HIS TV
OR RADIO CHANNEL WITH THE
BROADCASTING REGULATORY
AUTHORITY OF INDIA( BRAI)
BRAI- CONTENT CENSOR
7

CONTENT CODE
CONTENT THAT IS OBSCENE OR
VULGAR
OF A TERRORIST
ORGANIZATION
COPYRIGHT PROTECTED
OF A FOREIGN CHANNEL
MANDATORY SHARING
OF CERTAIN BROADCAST SIGNALS
WITH THE PUBLIC SERVCE
BROADCASTERS
8

ADVERTISING
COVERED
ALL ELECTRONIC AND DIGITAL
ADVERTISING COVERED WITHIN THE
AMBIT OF THE DEFINITION OF
“CONTENT” UNDER SECTION 2
BROADCAST BILL TO COVER THE
CONTENT OF ADVERTISEMENTS.
GRAY AREAS
LIMITED APPLICABILITY
SEEKS TO ADDRESS CABLE &
BROADCASTING ISSUES
PIECEMEAL LEGISLATION-
HARDLY ABLE TO WITHSTAND
THE TEST OF TIME, GIVEN ITS
INABILITY TO DEAL WITH
DIGITAL BROADCASTING
9

GRAY AREAS
NEED FOR A FUTURISTIC
APPROACH
NEED TO RATIONALIZE THE
PROPOSED BILL WIH THE
INFORMATION TECHNOLOGY
ACT, 2000
IT ACT, 2000 & B’CAST
BILL
DUTIES, RIGHTS AND
RESPONSIBILITIES OF THE
BROADCASTING SERVICE
PROVIDERS AND CONTENT
BROADCASTING SERVICE
PROVIDERS
10

IT ACT, 2000 & B’CAST
BILL(contd)
OVERLAP WITH THE CONCEPT
OF A NETWORK SERVICE
PROVIDER UNDER INFORMATION
TECHNOLOGY ACT, 2000-
CONFLICTS INHERENT
WHICH LAW IS
OVERRIDING?
SECTION 81 OF THE IT ACT, 2000
SECTION 44 OF THE B’CAST BILL,
2006
11

ISSUES OF
CONVERGED
B’CASTING
ISSUES OF BROADCASTING IN
THE CONVERGED ENVIRONMENT
NOT AT ALL COVERED
MOBILE TV + IP TV NOT
COVERED BY THE PROPOSED BILL
DRACONIAN POWERS
Draconian powers granted to the
Central Government to takeover the
running and management of any
channel, in the times of any national
emergency
No transparent basis or parameters
spelt out , which need to be complied
with, before the exercise of such a power
12

DRACONIAN POWERS
Potentiality of abuse immense
A exploitative tool for the settling of
political scores against not – so-
comfortable news and other channels
Against the root of Indian democracy
and the principles enshrined in the
Constitution of India
STAKEHOLDERS
INPUTS
NEED TO INCORPORATE ALL
THE INPUTS OF ALL RELEVANT
STAKEHOLDERS
WE NEED TO SHAPE THE FUTUE
TOMORROW
13

THAT WAS A PRESENTATION
-BY
PAVAN DUGGAL,
ADVOCATE, SUPREME COURT OF
INDIA
PRESIDENT,
CYBERLAWS.NET
MEMBER, MAC, ICANN
pduggal@nde.vsnl.net.in
pavanduggal@hotmail.com
14